Legal Opinion

Pearce v. Fletcher

Court of Appeals of North Carolina

Decided May 7, 1985No. 8410SC768PublishedCited by 16 opinions

1Opinion of the Court

WHICHARD, Judge.

Plaintiffs sole contention is that the court abused its discretion in denying his motion “to set aside the verdict as to damages as being against the evidence and the greater weight.” In light of the standard for appellate review and of the evidence presented at trial, we find no abuse of discretion.

The standard for review of a trial court’s discretionary ruling either granting or denying a motion to set aside a verdict and order a new trial is virtually prohibitive of appellate intervention. Appellate review “is strictly limited to the determination of whether the record…

2Cases cited2 opinions

  1. Worthington v. BynumSupreme Court of North Carolina · 1982
  2. Settee v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1915

3Cited by16 opinions

  1. Campbell v. Pitt County Memorial Hospital, Inc.Court of Appeals of North Carolina · 1987
  2. Ocasio v. AmtrakNew Jersey Superior Court Appellate Division · 1997
  3. Oxford v. HamiltonSupreme Court of Arkansas · 1989
  4. Burnett v. FowlerSupreme Court of Arkansas · 1994
  5. Masello v. Stanley Works, Inc.District Court, D. New Hampshire · 2011

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